Date: 20040913
Docket: A-180-04
Citation: 2004 FCA 293
CORAM: ROTHSTEIN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
MERCK & CO. INC. and MERCK FROSST
CANADA & CO.
Appellants
(Plaintiffs)
and
BRANTFORD CHEMICALS INC.
Respondent
(Defendant)
Heard at Toronto, Ontario, on September 13th, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on September 13th, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
[1] We have not been persuaded that the discretionary order of Prothonotary Milczynski as confirmed by Campbell J. should be interfered with by this Court. The need for particulars is not apparent on the face of the record and the appellants did not provide any affidavit evidence explaining the need for particulars.
[2] The appeal will be dismissed with costs.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-180-04
STYLE OF CAUSE: MERCK & CO. INC. and MERCK FROSST
CANADA & CO.
Appellants
(Plaintiffs)
and
BRANTFORD CHEMICALS INC.
Respondent
(Defendant)
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 13, 2004
REASONS FOR JUDGMENT
OF THE COURT BY : (ROTHSTEIN J.A., SHARLOW J.A., MALONE J.A.)
DELIVERED FROM THE
BENCH BY: ROTHSTEIN J.A.
APPEARANCES:
Mr. Peter Wilcox
Mrs. Allyson Whyte-Nowak FOR THE APPELLANTS
Mr. Richard Nailberg FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ogilvy Renault
Toronto, Ontario FOR THE APPELLANTS
Goodmans LLP
Toronto, Ontario FOR THE RESPONDENT
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